Reports of Cases Argued and Determined in the Supreme Court of the State of Vermont: Reported by the Judges of Said Court, Agreeably to a Statute Law of the State, 28. köide |
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Page 11
... common form , with a proviso therein in the following words : " provided , nevertheless , and it is the express condition of this deed , that I am to have the use and improvement of the premises during my life , if I have occasion ...
... common form , with a proviso therein in the following words : " provided , nevertheless , and it is the express condition of this deed , that I am to have the use and improvement of the premises during my life , if I have occasion ...
Page 38
... common counts , ' ordinarily , it is presumed . See note to 3 Pick . 95 , by Judge PER- KINS , citing Lane v . Shackford , 5 N. H. 133 ; 1 Fairfield 31 , and 1 Pick . 328 ; 3 Wen . 219 , and other cases . But to say that this takes the ...
... common counts , ' ordinarily , it is presumed . See note to 3 Pick . 95 , by Judge PER- KINS , citing Lane v . Shackford , 5 N. H. 133 ; 1 Fairfield 31 , and 1 Pick . 328 ; 3 Wen . 219 , and other cases . But to say that this takes the ...
Page 53
... common with the plaintiff , but he was bound to exercise that right in a reasonable manner ; and if he diverted the water maliciously or wantonly , to the injury of the plaintiff , he would be liable in damages . Twiss v . Baldwin , 9 ...
... common with the plaintiff , but he was bound to exercise that right in a reasonable manner ; and if he diverted the water maliciously or wantonly , to the injury of the plaintiff , he would be liable in damages . Twiss v . Baldwin , 9 ...
Page 54
... common use . But from the very nature of the case , this seems imprac- ticable . The laws of the existence of water under ground , and of its progress while there , are not uniform , and cannot be known with any degree of certainty ...
... common use . But from the very nature of the case , this seems imprac- ticable . The laws of the existence of water under ground , and of its progress while there , are not uniform , and cannot be known with any degree of certainty ...
Page 57
... common to both parties , as in the use of a public highway , or of the air ; or where there is a duty to perform , and a correlative right growing out of it , as the repair of a ruinous house standing so near to the house of another ...
... common to both parties , as in the use of a public highway , or of the air ; or where there is a duty to perform , and a correlative right growing out of it , as the repair of a ruinous house standing so near to the house of another ...
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Common terms and phrases
action Admr adverse possession affirmed aforesaid agreement allowed amount appeared applied arbitrators assignment ASSUMPSIT attachment auditor award Bank bill Briggs chancery charge choses in action circuit session claim commenced contract county court court of chancery court of equity court was delivered creditors damages debt debtor deceased declaration decree deed defendant defendant's delivered by REDFIELD dollars entitled equity excepted execution fact favor fendant fraud guaranty held intestate judgment jurisdiction jury justice land liable lien ment mortgage Nichols notice officer opinion owner paid parties payment Peck person plaintiff plea possession premises principal probate court purchase purpose question railroad real estate recover reference regard rendered residence road settlement statute statute of frauds statute of limitations sufficient suit surety sustained taxes tending to prove Term testimony tion town trial trial by jury trustee Vermont Central Railroad widow wife writ
Popular passages
Page 191 - This opinion does not deprive the states of any resources which they originally possessed. It does not extend to a tax paid by the real property of the bank, in common with the other real property within the state, nor to a tax imposed on the interest which the citizens of Maryland may hold in this institution, in common with other property of the same description throughout the state.
Page 82 - ... all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings...
Page 62 - ... that from the mere relation of master and servant no contract, and therefore no duty, can be implied on the part of the master to cause the servant to be safely and securely carried, or to make the master liable for damage to the servant, arising from any vice or imperfection, unknown to the master, in the carriage, or in the mode of loading and conducting it.
Page 325 - Had you called the porter and he had said that, although he had no recollection of the letter in question, he invariably carried to the post office all the letters found upon the table, this might have done...
Page 591 - ... where the proceedings are not according to the course of the common law, nor inrolled , such as the county-court, courts of hundreds, court-baron, &c.
Page 185 - CP 612, is in point in a case of this kind, viz., that he "could see no difference between negligence and gross negligence; that it was the same thing with the addition of a vituperative epithet.
Page 265 - In consideration whereof the said party of the second part covenants and agrees to and with the said party of the first part to...
Page 363 - ... the agreement is one which by the statute of frauds is required to be in writing.
Page 54 - ... proprietor of the land has a right to the advantage of the stream flowing in its natural course over his land, to use the same as he pleases, for any purposes of his own, not inconsistent with a similar right in the proprietors of the land above or below; so that, neither can any proprietor above diminish the quantity or injure the quality of the water which would otherwise naturally descend, nor can any proprietor below throw back the water without the license or the grant of the proprietor...
Page 502 - In such a case there is no room for any other appropriation than that which arises from the order in which the receipts and payments take place, and are carried into the account. Presumably it is the sum first paid in that is first drawn out. It is the first item on the debit side of the account that is discharged or reduced by the first item on the credit side. The appropriation is made by the very act of setting the two items against each other.